Happy 4th of July and I thought this was a cool little deal to put out there. Private industry or privateers were very much a part of this country’s war for independence. It is great that we have such a strong military now, but it is equally great that private industry is able to contribute if need be…and our early days is proof of that. –Matt
I wanted to make sure that folks could really get into the document here. If you cannot read it, then go to this link and you might be able to see it better. Very cool and enjoy. –Matt
Edit: 03/10/2012 -Also, check out all the documents that the Library of Congress has scanned or linked to in relation to ‘privateering’ and the ‘letter of marque’. Excellent resource if you are studying the historical use of privateers in war.
Yep, in this conference, the idea of using privateers and the Letter of Marque was brought up as a means of protecting World Food Programme vessels. How cool is that? Not only that, but the idea was brought up in a conference filled with Ambassadors, academics, UN folks, PMSC folks, NGO’s etc. Here is a quote and page number if you would like to check it out.
Potential problems with the use of PMSCs in counter-piracy efforts, according to Mr Stupart, include firstly the issue of legality, where the use of PMSCs under current international maritime law is not very clear. In order to overcome this issue, calls for the reintroduction of the Letters of Marque have been suggested. The letters of Marque refers to the definition of piracy, the jurisdiction being decided upon, and the rules of engagement being determined by the flag state under which the vessel operates. Another issue raised by Mr Stupart relates to the possible escalation of violence. If pirates feel a risk due to the arming of vessels with PMSCs, they may adopt more aggressive tactics. This will be a major problem, especially for all merchant vessels that are not escorted or guarded by PMSCs. -From the section WORLD FOOD PROGRAMME PRIVATEERS – OUTSOURCING HUMANITARIAN AID IN THE GULF OF ADEN MR JOHN STUPART, Page 18
The other interesting thing about this conference is that it goes into some of the details of PMSC involvement in Africa. Places like the Sudan or Somalia, and that is great to hear. Most of all, the support for this industry was favorable as well. We are the go to forces for protecting these humanitarian operations and it was clear to me that the conference did recognize our value.
On the other hand, the recurring theme throughout the conference was the lack of legal authority or accountability with the various PMSC’s in Africa. So yes, the humanitarian assistance industry wants to use our industry, but they also do not want to get in trouble legally because of the actions of their security forces.
And of course, the classic principal agent problem comes up, and that is a constant theme everywhere in the world when it comes to contracting. A poorly written contract, a lack of oversight over the project, etc. are all issues that need to be worked out and discussed so you can responsible contract the services of a good PMSC.
Here is another quote in the conference that summed up quite nicely why there is such an interest and demand for PMSC’s in Africa.
Mr Chris Kwaja began the fourth session with an interrogation of the rationale and centrality of non-state military and security providers in the provision and delivery of humanitarian assistance operations in Darfur/Sudan. He argued that the rise of PMSC involvement in humanitarian assistance operations was due to the rising amount of armed conflicts and the inability of states to contain these conflicts, the decline of state troop contributions, the success and popularity of neo-liberalism which encouraged private sector involvement and the weakness of states to fulfill their constitutional obligations of security provision for the masses. Mr Kwaja also stated that PMSCs were arguably able to fill the capacity gap in terms of high-tech skill provision, that national militaries lack. -From the section FROM COMBAT TO NON COMBAT ACTION: PMSCS AND HUMANITARIAN ASSISTANCE OPERATIONS IN DARFUR/SUDAN MR CHRIS KWAJA, Page 15
This is why I perked up with what was discussed in this conference, along with the mention of the Letter of Marque. To me, these folks were not focused on trying to get rid of us, but on’ how to use us’. Check it out. –Matt
This is some cool history that yet again, you just don’t hear about. I had no idea about this history, and after reading about it, I tried to collect as much as I could that talked about this little known subject. Just to set this up, here is an excerpt from wikipedia about what led up to this revolution or war of independence between Texas settlers and Mexico:
The Texas Revolution or Texas War of Independence was a military conflict between Mexico and settlers in the Texas portion of the Mexican state Coahuila y Tejas. The war lasted from October 2, 1835 to April 21, 1836. However, a war at sea between Mexico and Texas would continue into the 1840s. Animosity between the Mexican government and the American settlers in Texas, as well as many Texas residents of Mexican ancestry, began with the Siete Leyes of 1835, when Mexican President and General Antonio López de Santa Anna abolished the federal Constitution of 1824 and proclaimed the more centralizing 1835 constitution in its place.
The new laws were unpopular throughout Mexico, leading to violence in several states. War began in Texas on October 2, 1835, with the Battle of Gonzales. Early Texian Army successes at La Bahia and San Antonio were soon met with crushing defeat at the same locations a few months later. The war ended at the Battle of San Jacinto where General Sam Houston led the Texian Army to victory over a portion of the Mexican Army under Santa Anna, who was captured shortly after the battle. The conclusion of the war resulted in the creation of the Republic of Texas in 1836.
So I guess the thing that I wanted talk about with this particular piece of history, is the fact that privateering was the first act of the provisional government of Texas. They did not have a navy, so privateers was a quick and easy want to fire up a navy and put some money into the treasury by means of a prize court. Unfortunately at that time, Mexican commerce in the Gulf of Mexico was not that great, and thus a privateer industry or offense industry did not have the necessary elements to flourish.
It is also important to note that if Texas was not part of the US at the time, then this would be an example of another ‘country’ using the LoM. I could be wrong there, but I just do not know how to legally classify Texas at that time period? But either way, this is an example of a fledgling and resource strapped government, firing up the Letter of Marque as just one tool in their fight.
On a side note, the provisional government also handed out land to any soldiers who would fight for Texas Independence. This is an interesting concept, and I wonder if Somalia could do something similar? Hell, the TFG could fire up the LoM as well, and grant these licenses to foreign or local privateers to go after pirates on water and land. Meaning, if a company could seize by force the wealth of the pirate investors or pirates themselves, then that company would split that prize with the TFG. That puts money into the treasury of the TFG, it provides financial incentive to the privateer companies, and it creates an offense industry that profits from piracy’s destruction. To really fire it up, they could offer pirates amnesty if they become privateers for the government. Call it the Woodes Rogers solution. lol.
Either way, check it out and let me know what you think. I think that flag below would be a cool morale patch for today’s maritime security bunch too. And I know that Texas is not ‘legally’ authorized to grant LoM’s at this present time, but imagine if they were? That they created an offense industry to deal with the asset rich cartels that operate along the borders? Now that would be something else. –Matt
The flag that Texas Privateers were required to fly on their vessels.
(From the Texas State Library and Archives Commission)
Revolution broke out in earnest in Texas in October 1835 with the seizure of the Mexican cannon at Gonzales and the beginning of the Siege of Bexar. As these events unfolded, the Consultation, the first revolutionary assembly of Texas, came together in San Felipe on November 3, 1835. One of its first acts was to consider the protection of the Texas coast. It was impossible to create a Navy overnight, so the Texans adopted the time-honored practice of issuing letters of marque and reprisal to privateers. These privately owned war ships would protect the coast, harass Mexican shipping, and bring in prizes that could be auctioned off, with part of the proceeds going into the public treasury.
Texas issued a total of six letters of marque to privateers, including the San Felipe, the William Robbins, the Terrible, the Thomas Toby, the Flash, and the Ocean. Flying the “1824” Texas Revolutionary flag, these ships not only patrolled the Gulf, but also pursued Mexican shipping on the high seas. The Thomas Toby was the outstanding privateer of the group, capturing several Mexican vessels and bringing them back to be adjudicated and their contents sold. Overall, though, the privateering effort was disappointing for Texas. Mexican shipping was not considered rich trade, so relatively few privateers were willing to take the risk.
Now this is a cool resource for those of you out there that are researching the LoM and it’s possible uses for modern times. The War of 1812 provides many examples of how this concept was used by all sides, and how involved private industry really was during that war. The legal references mentioned in the Prize Court section are very good as well.
What is interesting here is the culmination of hundreds of years of admiralty courts and privateering present in the conduct of all sides. The legal mechanisms, the regulations, the codes of conduct for privateers, the tactics–all of it evolved over time and presented itself in this war. I often wonder how modern technology and legal processes could have contributed to this type of naval warfare? Or better yet, what would privateering and the LoM look like if it never went out of style? Check it out and let me know what you think. –Matt
The War of 1812 saw the apogee of privateering; with the activities of American privateers greatly adding to the offensive capability of the United States.The information available on the privateers and letters of marque is far greater than generally realized, with much material held in the uk at www.nationalarchives.gov.uk
This site aims to make this information, particularly on American POWs, more widely available.
This sites aim is to provide research sources for the study of privateering during the War of 1812.
Much of the data was gathered as part of a project for the, late, Institute of Maritime Studies , University of St. Andrews with most of the material coming from the National Archives at Kew, London.
May 2010…update:
Two works are currently in progress:
The indexing of Lloyd’s List for the period 1812-1814; as yet 1812 completed that has generated 26,000 entries.
Indexing of the Registers of letters of marque against France 1793-1815:
The period 1803-1815, Adm 7/649, is now available.
this will give every British armed merchant ship which operated during this period and the name of the master.
Further as a new Letter of marque had to be issued with each change of master, it will give an indication of a master’s career over this period to which voyage information can be found through Lloyd’s List.
Link to website here.
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